(1) For the purposes of this Act, a person shall be taken not to be available to give evidence about a fact if—
(a) the person is dead;
(b) the person is not competent to give the evidence about the fact;
(c) it would not be lawful for the person to give evidence about the fact;
(d) the evidence, under a provision of this Act, may not be given;
(e) all reasonable steps have been taken to find the person or to secure his or her attendance, but without success;
(f) all reasonable steps have been taken to compel the person to give the evidence, but without success;
(g) the person is declared by a court to be physically or mentally incapacitated; or
(h) the person is prevented from attending to give evidence by threats of bodily harm or attendance to give evidence by the person exposes the person to threats of bodily harm or bodily harm.
(2) In all cases, other than those set out in subsection (1), the person shall be taken to be available to give evidence about the fact.
(Amended by Act 16 of 2006)